Proposed Rule, 16 CFR Part 1107 – Docket CPSC-2010-0038, May 20

Thursday, May 20, 2010 Part II Consumer Product Safety Commission 16 CFR Part 1107 Testing and Labeling Pertaining to Product Certification; Proposed Rule VerDate Mar<15>2010 16:12 May 19, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20MYP2.SGM 20MYP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 28336 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules CONSUMER PRODUCT SAFETY Highway, Bethesda, MD 20814; (15 U.S.C. 2052(a)(2)) defines a COMMISSION telephone (301) 504–7923. children’s product, in part, as a Instructions: All submissions received consumer product designed or intended 16 CFR Part 1107 must include the agency name and primarily for children 12 and younger.) docket number for this proposed Section 14(a)(2)(A) of the CPSA also [CPSC Docket No. CPSC–2010–0038] rulemaking. All comments received may states that, before a children’s product RIN 3041–AC71 be posted without change, including subject to a children’s product safety any personal identifiers, contact rule is imported for consumption or Testing and Labeling Pertaining to information, or other personal warehousing or distributed in Product Certification information provided, to http:// commerce, the manufacturer or private www.regulations.gov. Do not submit labeler of such children’s product must AGENCY: Consumer Product Safety confidential business information, trade submit sufficient samples of the Commission. secret information, or other sensitive or children’s product ‘‘or samples that are ACTION: Proposed rule. protected information electronically. identical in all material respects to the Such information should be submitted product’’ to an accredited ‘‘third party SUMMARY: The Consumer Product Safety in writing. conformity assessment body’’ to be ‘‘ ’’ ‘‘ ’’ Commission ( CPSC or Commission ) Docket: For access to the docket to tested for compliance with the is issuing a proposed rule that would read background documents or children’s product safety rule. Based on establish requirements for a reasonable comments received, go to http:// such testing, the manufacturer or private testing program and for compliance and www.regulations.gov. labeler, under section 14(a)(2)(B) of the continuing testing for children’s CPSA, must issue a certificate that products.1 The proposal would also FOR FURTHER INFORMATION CONTACT: Randy Butturini, Project Manager, certifies that such children’s product address labeling of consumer products complies with the children’s product to show that the product complies with Office of Hazard Identification and Reduction, U.S. Consumer Product safety rule based on the assessment of certification requirements under a a third party conformity assessment reasonable testing program for Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; body accredited to perform such tests. nonchildren’s products or under Section 14(d)(2)(A) of the CPSA 301–504–7562; e-mail: compliance and continuing testing for requires the Commission to initiate a [email protected]. children’s products. The proposed rule program by which a manufacturer or would implement section 14(a) and (d) SUPPLEMENTARY INFORMATION: private labeler may label a consumer of the Consumer Product Safety Act A. Statutory Authority product as complying with the (‘‘CPSA’’), as amended by section 102(b) certification requirements. This of the Consumer Product Safety Section 14(a)(1) of the CPSA, (15 provision applies to all consumer Improvement Act of 2008 (‘‘CPSIA’’). U.S.C. 2063(a)(1)), as amended by products that are subject to a product DATES: Written comments and section 102 of the CPSIA, establishes safety rule administered by the submissions in response to this notice requirements for the testing and Commission. must be received by August 3, 2010. certification of products subject to a Section 14(d)(2)(B) of the CPSA consumer product safety rule under the ADDRESSES: requires the Commission to establish You may submit comments, CPSA or similar rule, ban, standard, or identified by Docket No. CPSC–2010– protocols and standards for: regulation under any other act enforced • 0038, by any of the following methods: Ensuring that a children’s product by the Commission and which are tested for compliance with a children’s Electronic Submissions imported for consumption or product safety rule is subject to testing warehousing or distributed in Submit electronic comments in the periodically and when there has been a commerce. Under section 14(a)(1)(A) of following way: Federal eRulemaking material change in the product’s design the CPSA, manufacturers and private Portal: http://www.regulations.gov. or manufacturing process, including the labelers must issue a certificate which Follow the instructions for submitting sourcing of component parts; ‘‘shall certify, based on a test of each • comments. Testing of random samples; product or upon a reasonable testing • To ensure timely processing of Verifying that a children’s product program, that such product complies comments, the Commission is no longer tested by a conformity assessment body with all rules, bans, standards, or accepting comments submitted by complies with applicable children’s regulations applicable to the product electronic mail (e-mail) except through product safety rules; and under the CPSA or any other Act • Safeguarding against the exercise of http://www.regulations.gov. enforced by the Commission.’’ CPSC undue influence on a third party Written Submissions regulations, at 16 CFR part 1110, limit conformity assessment body by a Submit written submissions in the the certificate requirement to importers manufacturer or private labeler. following way: and domestic manufacturers. Section Section 14(d)(2)(B)(iii) of the CPSA Mail/Hand delivery/Courier (for 14(a)(1)(B) of the CPSA further requires provides for verification that a paper, disk, or CD–ROM submissions), that the certificate provided by the children’s product tested by a preferably in five copies, to: Office of the importer or domestic manufacturer conformity assessment body complies Secretary, Consumer Product Safety ‘‘specify each such rule, ban, standard, with applicable children’s product Commission, Room 502, 4330 East West or regulation applicable to the product.’’ safety rules. At this time, the The certificate described in section Commission is not imposing any 1 The Commission voted 5–0 to approve 14(a)(1) of the CPSA is known as a verification obligations on publication of this proposed rule. Chairman Inez General Conformity Certification (GCC). manufacturers because the Commission Tenenbaum and Commissioners Nancy Nord and Section 14(a)(2) of the CPSA (15 intends to conduct the verification itself Anne Northup filed statements concerning this U.S.C. 2063(a)(2)) establishes testing under its inherent authorities while it action. These statements may be viewed on the Commission’s Web site at http://www.cpsc.gov/pr/ requirements for children’s products gains more experience with the testing statements.html or obtained from the Commission’s that are subject to a children’s product and certification requirements. When Office of the Secretary. safety rule. (Section 3(a)(2) of the CPSA the Commission finds that a children’s VerDate Mar<15>2010 16:12 May 19, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\20MYP2.SGM 20MYP2 srobinson on DSKHWCL6B1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28337 product accompanied by a certificate of participate in the meeting. Commission required certificate for children’s conformity does not pass the tests upon staff made presentations on specific products can be based on component which the certification was based, it topics and held breakout sessions on: part testing as described in proposed 16 may initiate an investigation of the • Sampling and statistical CFR part 1109, rather than testing of the manufacturer, third party conformity considerations; finished product, if components are assessment body, and any other relevant • Verification of third party test tested by a third party testing party in the supply chain, to determine results; conformity assessment body. the cause of the discrepancy. • Reasonable test programs and third Furthermore, these proposed rules The proposed rule would implement party testing; would allow importers to base their sections 14(a) and (d) of the CPSA, as • Challenges for small manufacturer/ product certification for a children’s amended by section 102(b) of the low-volume production; product on a certificate provided by a CPSIA, by: • Component testing and material foreign manufacturer as long as that • Defining the elements of a changes; and manufacturer has based its certificate on ‘‘reasonable testing program’’ for • Protection against undue influence. third party testing conducted by a third purposes of section 14(a)(1)(A) of the The notice also stated that the party conformity assessment body. CPSA; Commission wanted to use the • B. Responses to Comments on the Establishing the protocols and workshop to discuss possible options Notice of Availability and the Public standards for continuing testing of for implementing section 14 of the Workshop children’s products under section CPSA. Several hundred individuals 14(d)(2)(B)(i), (ii), and (iv) of the CPSA; attended the workshop. In connection with the public and workshop, the Commission invited • Describing the label that The Commission understands the economic ramifications that small public comment on its implementation

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